Brad Marten is a longstanding leader and innovator in environmental law, bringing his clients decades of experience handling complex environmental litigation and several of the largest environmental damages cases ever brought in the United States.
Brad has gained a national reputation by successfully representing clients in nearly every sector of the economy, across the United States for 40 years. These include several of the largest environmental damages cases ever brought in the United States and dozens of other cases and transactions for clients in mining, manufacturing, refining, transportation, food processing, agricultural and financial services industries.
Brad has decades of experience handling complex cleanup and cost recovery cases, including serving as co-counsel on both the Exxon Valdez oil spill (1989) and the Deepwater Horizon oil spill (2010). He has represented parties in complex Superfund and natural resource damage environmental claims and litigation, including dozens of federal and state Superfund sites in negotiation with EPA and the Justice Department, Natural Resource Trustees, state agencies, and Indian Tribes. Brad has successfully served as lead or common counsel at Superfund sites in over 15 states, in matters involving more than 100 parties, and damages over $1 billion. This background has given Brad unique perspective into the complexities of high stakes remediation and litigation, offering clients unmatched skills to achieve positive outcomes.
Brad is the former president of the American College of Environmental Lawyers and a member of the Environmental Law Institute’s Board of Directors. He also organized and chairs the annual Environmental Law Institute’s GreenTech conference, aimed to bridge the gap between environmental law and policy, and technology. Brad is consistently ranked by his peers as one of the top environmental lawyers in America, he is listed on Law Dragon’s 500 Leading Lawyers in America, Chambers USA, Best Lawyers, and other peer reviewed publications. His leadership has brought Marten Law national recognition, with 15 lawyers practicing in four states.
Select Representative Experience
Representing parties in complex Superfund and natural resource damage environmental claims and litigation throughout the United States. These include dozens of federal and state Superfund sites in negotiation with EPA and the Justice Department, Natural Resource Trustees, state agencies, and Indian Tribes. Brad has successfully served as lead or common counsel at Superfund sites in over 15 states, in matters involving more than one hundred parties, and damages over $1 billion.
Defending permitting and enforcement actions brought against public and private companies in the retail, manufacturing, mining, food, waste and service sectors before state and federal agencies, including the United States EPA, Department of the Interior, and NOAA.
Representing the principal contractor at a nuclear waste cleanup facility.
Representing developers in addressing environmental concerns at projects involving over 40 million square feet of office space, as well as residential developments, commercial areas, transit facilities, golf courses, and timberlands.
Advising clients on emerging issues relating to climate change law and regulation, including reporting requirements, SEC disclosure, permitting under the Clean Air Act, and litigation.
Conducting environmental due diligence for dozens of companies in the manufacturing, real estate, food processing, and solid waste industries.
Education & Clerkship
- J.D., Harvard Law School (1981)
- M.A., Yale University (1977)
- B.A., Cornell University (1975)
Admissions & Memberships
- State Bar of Washington, #13582 (1983)
- The District of Columbia Bar, #359276 (1981)
Recognition & Activities
- Fellow, American College of Environmental Lawyers, President, 2011-2012; Director 2010-2012
- Board of Directors, Environmental Law Institute (Washington, DC)
- Chair, Environmental Law Institute's GreenTech Conference (2019-present)
- Listed on Law Dragon's 500 Leading Lawyers in America (2019)
- Band One Ranking, Chambers USA — American Leading Lawyers
- Martindale Hubbell AV Preeminent Rated
- Top 100 Super Lawyers in Seattle, WA (2003-present)
- Who’s Who Legal, Global Leader in Environmental Law
- Best Lawyers in America, Environmental Law and Litigation
Publications & Presentations
Recent Speeches and Webinars
- “Best Practices for Resolving NRD Claims and Suits,” LSI Advanced NRD Seminar, Santa Fe, New Mexico (July, 2012)
- “A Short History of Natural Resource Damage Claims,” Natural Resource Damages: The Ground, Groundwater and the Gulf seminar, Miami, Florida (January 2011)
- Moderator: “Lessons Learned from Managing Complex Natural Resource Damage Cases,” LSI Advanced NRD Seminar, Santa Fe, New Mexico (July, 2010)
- Moderator, “EPA's Endangerment Finding on Greenhouse Gas Emissions Telebriefing,” Law Seminars International (Dec. 16, 2009)
- “The U.S. Supreme Court's Environmental Docket – Making Sense of the 2009 Term, a Harbinger of What is to Come?” UW School of Law Conference, Seattle, Washington (October 23, 2009)
- “Federal Climate Change Legislation,” American College of Environmental Lawyers (ACOEL) Annual Meeting, Portland, Maine (October 2, 2009)
- "Implications of the Recent US Supreme Court Rulings," Environmental Law Education Center, Portland, Oregon (July 10, 2009)
- “Climate Change and Real Estate Development,” Law Seminars International, Seattle, Washington (March 6, 2009)
- “New Developments in Environmental Law / Hazardous Waste and New Climate Change Controls,” Law Seminars International, Seattle, Washington (March 7, 2008)
- “Environmental & Land Use Law: What You Need to Know for 2008,” King County Bar Association, Seattle, Washington (December 12, 2007)
- “Legal and Technical Perspectives on Innovative Settlement Strategies for NRD Claims,” Law Seminars International, Newark, New Jersey (November 29, 2007)
- Roundtable Moderator: “Climate Change Challenges and Responses,” Northwest Environmental Summit (hosted by the Association of Washington Businesses), Tacoma, Washington (October 17, 2007)
- “Environmentally Challenged Properties,” Washington State Bar Association, Seattle, Washington (September 26, 2007)
- “Settlement of Natural Resource Damage Litigation: The Defendant’s Perspective,” Law Seminars International, Santa Fe, New Mexico (July 16-17, 2007)
- “CERCLA: United States v. Atlantic Research Corporation TeleBriefing,” Law Seminars International (June 15, 2007)
- “Effective Legal Strategies for Natural Resource Damage Claims and Restoration,” Law Seminars International, Honolulu, Hawaii (January 26, 2007)
- “Implementation Issues and Strategies for Industry; Regulation of Electronic Waste,” Law Seminars International, Seattle, Washington (September 25, 2006)
- General Editor, LexisNexis Climate Change Series. Monographs on: Federal Climate Change Law
- Treatment of Greenhouse Gases Under the Clean Air Act
- Treatment of Greenhouse Gases Under the National Environmental Policy Act
- Treatment of Greenhouse Gases Under the Endangered Species Act
- Regional Carbon Markets
- State-by-State Greenhouse Gas Regulations
- International Climate Treaties
- Cap and Trade: Law and Economics
- Renewable Portfolio Standards
- Solar Power: Law and Economics
- Climate Change and Water Resources
- SEC and Climate: Disclosure Requirements
- Insurance Law for Climate Related Claims
- Carbon Offsets
- Carbon Capture and Sequestration
- Greenhouse Gas Tort Litigation
- Biomass: Law and Economics
- California Climate Change Law and Regulation
- Wind Power: Law and Economics
- General Editor, Marten Law News
- Contributor, ABA Brownfields Handbook (3rd Ed. 2009)
- Co-author, “EPA Proposes Regulating Greenhouse Gases Under Clean Air Act; 2 Public Hearings Scheduled In May,” LexisNexis Environmental Law & Climate Change Center (May 5, 2009)
- “Burlington Northern & Santa Fe Railway Co. v. United States,” LexisNexis Emerging Issues Analysis (April, 2009)
- Co-author, “Are NEPA Waivers Needed to Reach Energy Independence?” LexisNexis Environmental Law & Climate Change Center (February 17, 2009)
- Contributor, Washington Environmental Compliance Handbook, AWB (2005)
- Contributor, Washington Real Property Deskbook, WSBA (2004)
- Litigating CERCLA Natural Resource Damage Claims, BNA, 22 Environmental Reporter 670
- Co-Author, Model Toxics Control Act Handbook